Becerra

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE RUBEN HERNANDEZ GOMEZ, Case No. 23-cv-01330-WHO

Plaintiff,

ORDER GRANTING RELIEF

v. 9 Re: Dkt. Nos. 1, 5 MOISES BECERRA, et al., Defendants.

Petitioner Jose Ruben Hernandez Gomez (“Hernandez Gomez”) filed a Petition for a Writ of Habeas Corpus and a Motion for a Temporary Restraining Order on March 22, 2023. Dkt. Nos. 1, 5. He argues that continued denial of a constitutionally compliant bond hearing violates his due process rights. He has spent over sixteen months in immigration detention without a bond hearing and he is medically unstable. His motion for a Temporary Restraining Order (“TRO”) asks me to require the government to release him or immediately afford him a constitutionally compliant bond hearing. Dkt. No. 5. The government opposes the TRO and Petition, arguing that I lack jurisdiction over the Petition, a TRO cannot seek the ultimate relief of release, and Hernandez Gomez is not entitled to release or a bond hearing; if he is, it asserts that the…